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Actual scenario: The Terminix International Company Limited acquires local pest control company, Insight Pest Solutions of Omaha, Nebraska. I, the consumer, had previously been in contract with Insight Pest Solutions and had not been billed or heard from them since July, 2018. Yesterday, May 28, 2019, I received a bill from Terminix for $89.96. This morning, May 29, 2019, I called Terminix and they insist the bill is valid for services provided in April 2019. First of all, we never received notice from either company that their would be any, let alone a substantial, change in service provisions. Second, Insight Pest Solutions never cashed our last check payment from August 2018, and our bank credited us because it was a Wells Fargo Bill Pay check that is debited when initially sent. Neither has Insight Pest Solutions ever provided further billing or contact, nor did they explain the uncashed check. They just disappeared. Does Terminix have legal right to claim our service contract to be in force, without ever having given notice of a pending change? This question doesn’t include the fact there is no evidence that either company provided services in April 2019, for which Terminix is trying to collect. I’m prepared to pay the bill to protect my credit score. I worked hard to get a 839 FICO score. Haven’t missed a payment in 15 years and now this asinine matter pops up. I have filed a complaint with the Nebraska AG, but still plan to pay the bill if I don’t hear back from Terminix in a few days. They claim they are escalating my complaint, yet I’m not sure how to terminate a contract that I don’t want to recognize before they actually do show up at my door, or claim they did.

  • Did you do anything to find out if they were there in April before you filed a complaint? – Putvi May 29 at 18:46
  • I’m still awaiting the return call from the Terminx account specialist. I was told 24-48 hours and we are now just past the 48-hr mark. When I told the first rep I saw no evidence of service in April, and that I had documentation of my August 2018 payment being uncashed, I was placed on hold. When the rep picked back up she informed me I was being assigned to an account specialist. Not only was there no April service, but Insight Pest Solutions no-showed the Fall and Winter services. I see that as breach of contract, and that’s my issue. How can Terminix just suddenly claim we are in contract? – Steve Prester May 30 at 19:36
  • Furthermore, the bill I received says “Debit memo” under “Services Provided.” This tells me Terminix isn’t claiming they provided the April service, but they are assuming Insight did. I haven’t heard from Insight since July 2018 and to the best of my knowledge we were in a non-binding, quarterly contract. – Steve Prester May 30 at 19:41
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In general, contracts are assignable be either party unless they are for personal services or expressly provide that they aren’t. Apart from the practicalities of performing the contract, there is no requirement to inform when assignment takes place.

So, if the previous company had a valid contract with you and they or the new company provided services for which you are obliged to pay, you have to pay the new company.

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